PULIPATI VENKIAH Vs. EMPEROR

JUDGEMENT

(1.) The petitioner has been sentenced to six months regorous imprisonment and a fine of Rs. 100 for "receiving a bribe of Rs. 20 from a villager on the understanding that he would get him some land on darkkast in his capacity as Karnam, an offence punishable under Section 161, Indian Penal Code (vide charge).

(2.) The villager (prosecution first witness) says that he gave the Karnam Rs. 20 as he promised that he would get Government land for him. He got the land but only half as much as he expected. The learned Sessions Judge takes the complaint to be that the Karnam was given the bribe in the hope that he would recommend the grant of land. He managed to convince the parties that the land was as good as got, and so the charge is proved that the Karnam promised to get the lands for the villager.

(3.) It is difficult to say from all this exactly what the Karnam is supposed to have done. Inacharge under Section 161, Indian Penal Code, it mustbeshownthat the accused took the bribe as a motive for doing an official act. But getting a darkhast is not the official act of a Karnam. He may have cheated the villager into thinking that he was the official who granted darkhasts but that does not come out clearly from the evidence, and the Sessions Judge seems to be right in holding that only his recommendation was bought.